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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for acting on an application for a permit |
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for a surface coal mining and reclamation operation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 2003, Government Code, is |
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amended by adding Section 2003.0465 to read as follows: |
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Sec. 2003.0465. HEARINGS FOR RAILROAD COMMISSION. (a) In |
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this section: |
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(1) "Commission" means the Railroad Commission of |
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Texas. |
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(2) "Division" means the Surface Mining and |
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Reclamation Division of the commission. |
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(b) This section applies only to a hearing conducted on |
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behalf of the commission under Section 134.062, Natural Resources |
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Code. |
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(c) Each issue considered in a hearing referred by the |
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commission must have been raised in a timely manner by an affected |
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person in a comment submitted by that affected person in response to |
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a permit application. |
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(d) In a contested case hearing, the filing with the hearing |
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examiner of the final technical assessment of the application, the |
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application, the recommendation for the issuance of the permit by |
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the division, and other sufficient supporting documentation in the |
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administrative record of the permit application establishes a prima |
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facie demonstration that: |
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(1) the application meets all state and federal legal |
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and technical requirements; and |
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(2) a permit, if issued consistent with the |
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application and the final technical assessment of the division, |
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would be eligible for the required findings under Section 134.066, |
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Natural Resources Code. |
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(e) A party may rebut a demonstration under Subsection (d) |
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by presenting evidence that: |
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(1) relates to an issue for which a hearing is |
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conducted by the commission under Section 134.062, Natural |
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Resources Code; and |
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(2) demonstrates that one or more provisions proposed |
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in the application violate a specifically applicable state or |
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federal requirement. |
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(f) A party rebutting under Subsection (e) a demonstration |
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made under Subsection (d) bears the burden of persuasion. |
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(g) If in accordance with Subsections (e) and (f) a party |
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rebuts a demonstration made under Subsection (d), the applicant or |
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the division may present additional evidence in rebuttal to support |
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the application. |
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SECTION 2. Section 134.062, Natural Resources Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) For the purpose of a contested case hearing held by or |
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for the commission, "affected person," "person affected," or |
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"person who may be affected" means a person who has a personal |
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justiciable interest related to a legal right, duty, privilege, |
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power, or economic interest affected by the contested case hearing. |
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An interest common to members of the public does not qualify as a |
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personal justiciable interest. |
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(d) In determining whether a person has a personal |
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justiciable interest or whether an affected association is entitled |
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to standing in a contested case hearing within the commission's |
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jurisdiction, the commission: |
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(1) may consider: |
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(A) the merits of the underlying application, |
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including whether the application meets the requirements for permit |
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issuance; |
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(B) the likely effect of regulated activity on |
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the health and safety of the hearing requestor, and the use of the |
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hearing requestor's property; |
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(C) the administrative record, including the |
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permit application and any supporting documentation; |
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(D) the analysis and opinions of the Surface |
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Mining and Reclamation Division of the commission; |
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(E) whether the interest claimed is protected by |
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the law governing the permit that is the subject of the application; |
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(F) whether a reasonable relationship exists |
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between the interest claimed and the regulated activity; |
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(G) the likely effect of the regulated activity |
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on the use of the affected natural resource by the person; |
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(H) for a governmental entity, the entity's |
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statutory authority over issues relevant to the application; and |
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(I) any other expert reports, affidavits, |
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opinions, or information submitted on or before any applicable |
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deadline to the commission by the executive director, the |
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applicant, or a hearing requestor; and |
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(2) may not find that: |
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(A) a group or association is an affected person |
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unless the group or association identifies, by name and physical |
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address in a timely request for a contested case hearing, a member |
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of the group or association who would be an affected person in the |
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person's own right; or |
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(B) a hearing requestor is an affected person |
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unless the hearing requestor timely submitted comments on the |
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permit application. |
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SECTION 3. (a) The changes in law made by this Act apply |
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only to: |
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(1) a permit application that is filed with the |
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Railroad Commission of Texas on or after the effective date of this |
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Act; or |
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(2) a judicial proceeding initiated on or after the |
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effective date of this Act that challenges an act or decision of the |
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Railroad Commission of Texas made during a permit proceeding. |
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(b) A permit application filed or a judicial proceeding |
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initiated before the effective date of this Act is governed by the |
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law in effect when the permit application was filed or the judicial |
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proceeding was initiated, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |